By KENNETH C. CROWE II Staff writer

Published 1:00 am, Saturday, July 24, 2010

ALBANY -- Fourteen Capital Region school districts ask for information that may discourage undocumented immigrants from enrolling their children in school, according to a study released Friday.

The New York Civil Liberties Union found that 139 districts out of 694 districts statewide inquired about citizenship status, Social Security numbers and similar information that the state does not require for a child to enter school.

"The most blatant violators are ones that ask you to provide proof of your citizenship," said Udi Ofer, the NYCLU's advocacy director in New York City.

The state Education Department issued a statement Friday saying it "will issue guidance to all school districts clarifying their legal obligations regarding the registration of students, particularly with regard to immigration status."

The NYCLU issued the report after studying districts' student registrations forms this past school year, Ofer said, because "it's student enrollment season" when parents will have to confront potentially unlawful questions that some districts ask. It also comes at a time when the nation is watching the legal battles in Arizona over that state's immigration law.

Three Capital Region districts asked for information about citizenship status.

"Looking at Albany, Schenectady, Saratoga and Rensselaer, the Albany School District is the most egregious," Ofer said about the district asking whether a student is a citizen or what type of visa they have.

"It was pointed out. We did change the form," said Ron Lesko, a district spokesman. The registration form at the district website, www.albanyschools.org, will be updated next week.

Bethlehem inquired whether a student is a citizen and asked for a Social Security number; and Duanesburg asked whether a student's parents were citizens and requested the Social Security number.

Districts asking for Social Security numbers are in Albany County, Cohoes, Ravena-Coeymans-Selkirk, Voorheesville and Watervliet; in Rensselaer County, Schodack; in Saratoga County, Saratoga Springs, Schuylerville, Shenendehowa, Stillwater and Waterford-Halfmoon; and in Schenectady County, Schalmont.

Requesting a Social Security number can discourage undocumented immigrants, whose children legally are entitled to an education.

"A Social Security number has essentially become an immigration document," Ofer said.

"There are much worst districts around the state than in the Albany region," Ofer said about violators of state enrollment guidelines. The western part of the state has the largest concentration of districts that ask citizenship questions.

Ofer singled out the Spencerport Central School District near Rochester where, according to the NYCLU study, the district "In its student registration checklist, it states: "If your child is not a U.S. citizen by birth, please bring your child's I-94 form [or] Resident Alien Card. If the card is expired it will not be accepted."

NYCLU said it contacted the state Education Department four times, including as late as Wednesday, to ask for it to take action on the enrollment issue.

Of the state's response Friday, Ofer said, "It's a step forward but we still want to see if the SED will do anything specific."